myhelper - Terms and Conditions

Terms and Conditions

BACKGROUND

1.1	This Site, myhelper.com.au (and its sub-domains) (the “Site”) is offered to you, the user, by myhelper.com.au (ABN 71 943 145 601) of PO Box 10 Sylvania Southgate NSW 2224 Australia, trading as www.myhelper.com.au and is expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“Terms”).
1.2	Users of the site will be all registered hirers and helpers. Myhelper provides the Site to assist hirers to find helpers, and vice versa, for work based on locality and job preferences provided by its users. Myhelper does not interview or otherwise engage with any of its users. Myhelper does not employ nor does it recommend or endorse any of the services or users promoted or offered on the Site.
1.3	Your use of the Site constitutes your agreement to the Terms. If you do not agree with the Terms then you are not authorised to use the Site.
1.4	The Site is for individuals and incorporated companies only. Myhelper’s services are available only to those who can form legally binding contracts under applicable law. As such, there are risks involved and we strongly advise you to understand all of the Terms before joining.
1.5	Myhelper operates the Site only and does not supply the goods or services you may purchase using Myhelper. Whenever purchasing goods or services that appear on the Site, you will contract directly with the supplier of those goods or services or vice versa. You understand that at no time will you be entering into a contract with Myhelper for the supply of good or services and you will not make a claim against Myhelper in this regard.
1.6	Myhelper is not directly involved in the actual transactions that take place between users through the use of the Site.
1.7	Myhelper has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Myhelper will not confirm the identity of users.
1.8	Myhelper does not confirm or verify the qualifications, background or abilities of users. Myhelper recommends that you exercise common sense and caution when dealing with any user of the Site.
1.9	Myhelper may modify the Site at any time without notice or liability to you.
1.10	Your correspondence with other users on the Site is solely between you and the other user. You agree not to hold Myhelper liable for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of such users on the Site.
1.11	You use the Site at your own risk. Myhelper will endeavour to provide a convenient and functional Site, but Myhelper does not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. Myhelper urges you to keep backup copies of material you maintain on or use with the Site.

USE OF THE WEBSITE

2.1

The content and information on the Site, as well as the infrastructure used to provide the content and information, is proprietary to Myhelper or its suppliers and providers.

2.2

If you elect to use the Site for any non-personal or business activity, you agree to obtain all necessary consents and permissions and pay all relevant taxes and you indemnify Myhelper for any claim made against it, arising out of or in any way connected with your use of the Site for commercial or business purposes.

2.3

You must comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of services. Specifically, you must ensure that your activities, services you list, and the information you post on the Site does not violate the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation.

2.4

If you become aware, or have reason to believe, that a listed item or other content infringes the copyright, trade mark or other intellectual property rights of a third party or is otherwise in breach of these Terms, you can report infringing material via the ‘Contact Us’ button at myhelper.com.au/contact-us.

2.5

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site without the necessary permission of the relevant rights holder. In addition, you must not:

(a)	access, monitor or copy any content or information of the Site using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
(b)	take any action that imposes, or may impose, in the discretion of Myhelper, an unreasonable or disproportionately large load on the Site infrastructure;
(c)	use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
(d)	post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
(e)	post or transmit any information which infringes the rights of others including, without limitation, privacy rights or copyright, trade mark or other proprietary rights;
(f)	access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
(g)	tamper with postings of other users;
(h)	solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;
(i)	do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
(j)	repeat any action after you receive warning or request to desist from Myhelper, whether or not that action is explicitly stated in policies. This includes continuing to use the Site under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated, failure to respond to an email from Myhelper regarding violation, dispute or complaint.

REGISTERING

3.1

Use of the Site may require you to register and provide certain data to Myhelper or its suppliers. As a condition of using the Site you represent and warrant that:

(a)	the personal information you provide is true, accurate, current and complete; and
(b)	you will maintain and promptly update the personal information held by Myhelper to keep it true, accurate, current and complete.

3.2

By registering for use of the Site, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all Terms herein. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others, including without limitation minors (under 18 years old) living with you).

3.3

You agree to supervise and be responsible for all usage by minors of the Site under your name or account.

3.4

You also warrant that all information supplied by you in using the Site is true and accurate. Without limitation, any speculative, false or fraudulent posting is prohibited. You understand that abuse of the facilities of the Site may result in you being denied access to such facilities. You must keep secure any means of identification that we provide to you in order to access the Site.

PAYMENT OBLIGATIONS

4.1

In order to place a listing on the Site, you are required to make a listing fee payment at the time of listing. Listing fees must be paid upon completion of the listing process and listing will be displayed live once the payment process has been completed.

4.2

All prices are GST exclusive.

4.3

Listing fees are:

(a)

for single job; single location

(i)	$7.00 AUD for 7 days;
(ii)	$15.00 AUD for 30 days;

(b)

If you are a commercial business and you would like assistance with multiple job listings or multiple job locations, we can help you for an hourly fee. A fee per job and per location will also apply as per the table below: Please contact us on info@myhelper.com.au for a quote.

(i)	$7.00 AUD for 7 days;
(ii)	$15.00 AUD for 30 days;

RIGHTS TO SUSPEND OR TERMINATE.

5.1

You agree that Myhelper may, in its sole discretion, terminate or suspend any use of the service and Site immediately and/or refuse any and all current or future access to and use of the Site without notice if:

(a)	you breach the Terms;
(b)	you have failed to pay any amounts owed by you to Myhelper; or
(c)	you provide any information that is untrue, inaccurate, not current or incomplete or Myhelper has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

PRIVACY AND USE OF YOUR CONTACT INFORMATION

6.1	As a user of the Site and any service or facility, you agree and consent to Myhelper using, including sharing with third parties, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) as set out in our Privacy Policy.
6.2	Myhelper’s Privacy Policy applies to all members and is incorporated into these Terms by reference. Our current Privacy Policy is available at our Privacy page. You must read and accept our Privacy Policy upon registration in order to use the Site.

FEEDBACK

7.1

You may not take any actions that may undermine the integrity of the feedback system.

7.2

You may not post any information in the feedback system that is illegal, obscene or vulgar, threatening, defamatory, racially or religiously biased or offensive, libelous, invasive of privacy, infringing of intellectual property rights, or unlawfully threatening. Myhelper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content nor do we validate the factual nature of the feedback before or after it is posted publicly.

REPRODUCTION

8.1	This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Myhelper.

LIABILITY DISCLAIMER

9.1

To the extent permitted by law and subject to the statutory warranties below, Myhelper:

(a)	disclaims all warranties, terms and conditions with regard to this Site and the services offered, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement
(b)	is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this Site; and
(c)	excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this Site

9.2

Without limiting the general disclaimer, Myhelper:

(a)	makes no warranty or representation regarding the Site, products or services on the Site and/or any materials provided in the Site including, without limitation, in relation to merchantability or fitness for a particular purpose. All content is provided on an “as is” basis only. Myhelper is not liable to you or anyone else if errors occur in the information on this Site or if that information is not up-to-date;
(b)	will not be liable for disruptions to this Site; and
(c)	is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Site or an external site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems

9.3

These Terms must be read subject to any statutory provisions. If such statutory provisions apply to limit the warranty exclusion referred to above, to the extent to which Myhelper is entitled to do so, the liability of Myhelper will be limited at its option to:

(a)	in the case of supply of goods, the replacement of the goods, or supply of equivalent goods, the payment of the costs of the replacing the goods or requiring the goods, the payment of the cost of having the goods repaired, or the repair of the goods; and
(b)	in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.

9.4

The inclusion or offering for sale of any products or services through the Site does not constitute any endorsement or recommendation of such products or services by Myhelper.

9.5

Because all listing content, including any links to other web sites, is provided by third parties, Myhelper is not responsible for the accuracy, propriety or currency of any of the content provided. Nothing on this Site should be considered as advice from the Site or an endorsement of any service or product advertised on this Site.

9.6

To the extent permitted by law, Myhelper is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any other clients or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

INDEMNIFICATION

10.1

You must defend and indemnify, and keep indemnified, Myhelper, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a)	your breach of these Terms or the documents referenced herein;
(b)	your violation of any law or the rights of a third party; or
(c)	your use of the Site.

LINKS TO THIRD-PARTY SITES

11.1

The Site may contain hyperlinks to Sites operated by parties other than Myhelper. Such hyperlinks are provided for your reference only. Myhelper does not control such sites and is not responsible for their contents or your use of them. Myhelper's inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators.

COPYRIGHT AND TRADE MARK NOTICES

12.1	All contents of the Site are copyright. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on the Site must not be copied, saved or used in any format other than as incidental to a User’s permitted use of the Site.

GENERAL

13.1	These Terms are governed by the laws of New South Wales. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
13.2	Myhelper may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
13.3	You agree that no joint venture, partnership, employment, or agency relationship exists between you and Myhelper as a result of this agreement or use of the Site.
13.4	If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
13.5	These Terms constitutes the entire agreement between, you and Myhelper with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Myhelper with respect to the Site.
13.6	Any rights not expressly granted herein are reserved.

REFUND POLICY

14.1	If you are dissatisfied with our service, or have a reasonable complaint, we have the discretion to offer you a credit on your account.
14.2	Refunds will not be considered if there is an error in the processing of the transaction by the hirer.
14.3	If you decide to cancel your registration you can do so at any time, although when a 'contact me now' membership is involved, no membership fee refund will be awarded.
14.4	If for any reason there is an error in payment via our payment system we have the discretion to offer a refund.
14.5	For all enquiries, please contact us at info@myhelper.com.au